Residential property law

We advise you in all matters relating to residential property law.

The German Condominium Act ("WEG" for short) was fundamentally reformed on December 1, 2020 by the WEG reform WEMoG. It deviates from the principle of unity of ownership of a plot of land and building and allows special ownership of apartments (condominium ownership) and rooms not used for residential purposes (partial ownership), Section 1 (2) and (3) WEG.

But why do we actually need condominium law?

Many people want their own four walls. However, this wish often cannot be realized because the purchase costs for land are too high, especially in large cities. This is where condominium law offers a solution. A building is constructed that consists of several self-contained, legally independent units. This makes it possible to acquire ownership of one of these independent units and not just the building as a whole.

How is condominium ownership created?

Condominium ownership is created by dividing a building into residential units and takes place in several stages: 

  • Subdivision plan and certificate of completion: The first step is to obtain a partition plan and certificate of completion. The partition plan is a construction drawing that shows the location, common parts of the building and division. The certificate of completion confirms that all residential units are self-contained. The subdivision plan and the certificate of completion must be "approved" by the responsible building authority, whereby this is done by means of a signature and seal or stamp.

  • Partition agreement/declaration of partition, §§ 3, 8 WEG: In accordance with § 3 WEG, residential property can either be created by several co-owners of a property by contractually granting special ownership (partition agreement) or by one property owner alone dividing his property into residential property by means of a unilateral declaration of partition in accordance with § 8 WEG - the standard case. The division agreement must be notarized and the declaration of division must be publicly certified.

  • Determination of the condominium community rules: The community rules contain the "house rules" of the condominium owners' association. As a rule, they are part of the declaration of division and regulate the relationship between the condominium owners. Although these are generally anchored in §§ 10 ff. WEG, they can, however, be agreed differently in accordance with section 10 (1) sentence 2 WEG.

  • Appointment with the notary and submission to the land registry: The notary certifies or notarizes the division - depending on whether a declaration of division is submitted or a division agreement is concluded. Following the appointment, he or she submits the declaration of partition/partition agreement, the partition plan and the certificate of completion to the land registry.

  • Creation of the land registers: The relevant land registry checks the documents submitted. If these are complete and all requirements have been met - including any necessary official approvals (e.g. if the Conversion Ordinance applies) - the land registry will create residential land registers. This makes the division effective. The ownership structure of the property continues in each individual condominium and each can be disposed of separately.

The homeowners' association

If you buy a condominium in a multi-party building, you usually join a community of owners. This has many advantages, such as the sharing of costs and building management by one administrator.

Unfortunately, this also comes with disadvantages:

  • No unauthorized changes to the common property possible;

  • Effective resolutions passed at the condominium owners' meeting must be accepted;

  • Costs for the administration of the homeowners' association and for maintenance must also be borne;

  • Certain toleration obligations must be accepted.

In case of doubt, a legal layperson may not be able to recognize their rights and obligations. What behavior must I tolerate? What behavior can I defend myself against? Have any condominium owners' resolutions been passed effectively? Contact us and we will advise you.

Further services in residential property law

Are you planning to purchase a condominium? We will be happy to check the draft purchase agreement, the declaration of division and the community regulations for you and provide you with comprehensive information. Perhaps you would like to subdivide a building that you own? We will check for you whether this is legally possible and draw up your declaration of division if you wish.

Are you a condominium owner and have a legal question? We will check your rights vis-à-vis other co-owners and/or the community and will be happy to assert them for you.

In addition, we also represent the administrations of condominium owners' associations in the assertion of housing benefit claims, the drafting or review of administrator contracts and in the enforcement of and defense against other claims.

Finally, we support both condominium owners and condominium owners' associations in taking action against (unlawful) construction measures.

Contact us for an initial consultation.